Is a Farm Owner Liable for Injuries to Electrician He Hired?
A farm owner hires a certified electrician to move electrical wires from an old wooden pole in his yard to a new pole. The owner knows but neglects to tell the electrician that the pole is rotted at the base and sways in the wind. And the electrician doesn’t ask about the pole’s condition or conduct a hazard assessment of the pole himself. To give the electrician access to the wires, a tandem truck with a box is placed near the old pole. A platform is built on top of the box and a ladder is set up on the platform. The electrician climbs the ladder and begins cutting the wires from the top of the old pole. When he cuts the last wire, the pole shakes and twists. The electrician is thrown to the ground and injured. The electrician sues the owner under the province’s Occupiers’ Liability Act, arguing that the owner had violated his duty to keep the electrician reasonably safe on his property. Assume that both parties acted negligently but the owner was more negligent.
QUESTION
Is the farm owner liable for the electrician’s injuries?
- Yes, because he should have warned the electrician about the pole’s hazardous condition.
- Yes, but under the province’s OHS Act, not its Occupiers’ Liability Act.
- No, because the electrician was also negligent.
- No, because the electrician is a professional and so was responsible for determining the pole’s condition himself.
